Although it will have to be regulated by Parliament, only the permission to the Federal Commission for the Protection against Sanitary Risks is necessary for its consumption
The Supreme Court of Justice of Mexico decriminalized the recreational use of marijuana for adults on Monday, declaring articles of the health law that prohibited it unconstitutional, the court announced.
“Today is a historic day for freedoms. After a long journey, this Supreme Court consolidates the right to the free development of the personality for the recreational and recreational use of marijuana “, said the president of the court, Arturo Zaldívar, after the decision was approved by eight of the 11 magistrates.
This statement implies that those who want to use marijuana for recreational purposes can request a permit from the Federal Commission for the Protection against Sanitary Risks (Cofepris), and that this cannot be denied.
“What had happened on previous occasions was that the Cofepris denied these permits and an amparo had to be processed,” Adriana Muro, director of the Human Rights organization Elementa, told AFP. Now “it no longer has to be processed, automatically that permission has to be given,” he added.
The ruling came after the deadline that the highest court had given Congress to issue legislation in this regard on April 30.
The sentence adds to the use of cannabis for medicinal purposes, decriminalized since June 2017. On March 10, the Chamber of Deputies had approved a bill in this regard. A vote was lacking in the Senate, which had already endorsed the text in November, but had to retake it after several changes in the Lower House. However, in early April, the ruling majority in the Senate said they were analyzing postponing the final discussion until September.
Although civil organizations and specialists applauded the Supreme Court’s decision, they warned that Congress still needs to regulate the matter. “The penalization of cannabis users still persists, since the decision does not affect the penal system and leaves a legal void with respect to the consumption, cultivation and distribution” of the plant, the NGO Mexico United Against Crime said on Twitter.
The decision is a milestone for Mexico, of 126 million people, which has been plunged into a violent spiral since 2006, when the then federal government launched a controversial military operation against powerful drug cartels. Since then, the country has accumulated more than 300,000 murders, most of them attributed to organized crime, so legislators and activists believe that the legalization of consumption can help stop the bloodbath.
Promoters of decriminalization, such as the Grupo Promotor de la Industria del Cannabis (GPIC), consider that recent legal measures outline Mexico as the largest market in the world, above the United States and Canada. In 2020 alone, 244 tons of marijuana were seized in the country.
The most recent national survey on drugs (2016) found that 7.3 million Mexicans between 12 and 65 years old tried marijuana at some point and 1.82 million showed prevalence of use.